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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.07.19 2017나11749
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The Plaintiff’s assertion B around May 21, 2015: (a) borrowed KRW 100 million from the Plaintiff at the interest rate of 3% per annum; and (b) November 20, 2015; and (c) the Defendant jointly and severally guaranteed the Plaintiff’s obligation to return the borrowed amount with C.

Therefore, the defendant is jointly and severally liable with B and C to pay 100 million won and delay damages to the plaintiff.

2. We examine the following circumstances, i.e., ① the debtor column of the joint and several several debt loan certificate (L) containing the purport that the debt of KRW 100 million to the plaintiff is jointly and severally guaranteed, and the L individual's name column of the above loan certificate is written as "L"; ② the name column of the borrower in the above joint and several loan certificate is written as "L"; ② the name column of the borrower in the above joint and several loan certificate is written as "L" and the defendant's trade name, business registration number, and location is written as "L" and the seal appears to be the defendant's corporate seal, but it is difficult to see that L's act on behalf of the defendant because there is no representative indication such as "representative director" in front of the above "L" statement, and ③ the stamp image of the defendant's joint and several several debt certificate as above is written as "the defendant's joint and several debt certificate" and the defendant's change in the name of the defendant's joint and several debt certificate as "the above defendant's joint and several debt certificate was written as "the above."

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